intention of receiving the scholarship for their technical or university studies, as well as with
regard to the career that they decide to follow at that level.
C.
Measure of rehabilitation
280. The representatives asked the Court to order the State to provide the highest quality
medical and psychological treatment, completely free of charge and lifelong, to Manuela’s
mother and father, in the medical center of their choice.
281. The State indicated its willingness to “provide health care and psychological treatment
to the victims determined by the Court, based on an initial comprehensive evaluation to
determine their individual needs, and to be provided through the public health system, with
primary care in the health centers nearest to their place of residence.”
282. The Court has verified the serious impact that the facts of this case had on the physical
integrity of Manuela’s parents (supra para. 263). Consequently, it considers it appropriate
that the State provide, free of charge and immediately, through specialized health institutions,
the adequate and effective medical, psychological and/or psychiatric treatment required by
Manuela’s parents, including the free provision of medicines, following their informed consent
and for as long as necessary. In addition, the treatments should be provided, insofar as
possible, in the centers chosen by the beneficiaries. If there are no health centers nearby, the
State must cover the costs of transportation and meals. The victims have 18 months from
notification of this judgment to require the State to provide this treatment. 443
D.
Guarantees of non-repetition
283. Among the measures of non-repetition, the Court will order the State to amend the law.
Compliance with the measures ordered herein cannot be obstructed by use of the principle of
legal reservation that undermines women’s rights. Therefore, the obligation to amend the law
may be executed directly by the State’s Executive Branch.444
D.1 Regulation of medical professional secrecy and its exceptions, and
adaptation of the medical protocols and guidelines for attending to
obstetric emergencies
284. The Commission asked the Court to order the State “to ensure the legal certainty of
professional medical secrecy by adequate regulation resulting from the due weighting of the
rights and interests concerned, and to establish a protocol to ensure protection of those rights
and interests by medical staff in cases involving obstetric emergencies or abortion, that meets
international standards and that establishes the grounds for exceptions in detail.”
285. The representatives repeated the Commission’s request, adding that the protocol
should provide details of “the procedure for [revealing the medical secret] and a detailed list
of the authorities with competence to request and to authorize this.”
286. The State did not comment on these requests but, together with its final written
arguments, presented several clinical guidelines and also the guidelines of the Ministry of
Health relating to obstetric care.445
Cf. Case of Rosendo Cantú et al. v. Mexico, supra, para. 253, and Case of Garzón Guzmán et al. v. Ecuador,
supra, para. 114.
443
Mutatis mutandis, Case of Artavia Murillo et al. (In vitro fertilization) v. Costa Rica. Monitoring compliance
with judgment. Order of the Inter-American Court of Human Rights of February 26, 2016, para. 135.
444
Cf. Ministry of Health of El Salvador. Clinical guidelines Gynecology and Obstetrics, February 2012 (evidence
file, folios 5561 to 5812); Ministry of Health of El Salvador. Technical guidelines for obstetric procedures and surgery,
445
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